Chapter VII 

Registration of Voters?

Article 26?The registration of voters shall be conducted on the basis of electoral districts, and voters' qualifications confirmed through registration shall have long-term validity. Prior to each election, voters who have reached the age of 18 since the last registration of voters or who have had their political rights restored after a period of deprivation of political rights has expired shall be registered. Voters who have moved out of the electoral district where they originally registered shall be included in the roll of voters in the electoral district to which they have newly moved; those who are deceased or have been deprived of political rights in accordance?with the law shall be removed from the roll.

Citizens who suffer from mental illness and are incapable of exercising their electoral rights shall, upon determination by the election committee, not be included in the roll of voters. 

Article 27?The roll of voters shall be made public 20 days prior to the Election Day. Where voters take part in elections and cast their votes by using?voter registration cards, voter registration cards?shall?be issued. 

Article 28?Those who disagree with?the voter list released may file?a?claim with the election committee within five days from the date?the voter list is released. The election committee shall make a decision as to?how to deal with a claim within three days. If an appellant disagrees with the decision, he or she may file a claim with the people's court?five days?prior to the?Election Day, and the people's court shall produce a ruling before the Election Day. The ruling?of the people's court is final. 

Chapter VIII

Nomination of Candidates for Deputies?

Article 29?Candidates for deputies to the national and local people's congresses shall be nominated on the basis of electoral districts or electoral units.

Each party or people's organization may jointly or individually recommend deputy candidates. More than ten voters or deputies may also jointly recommend deputy candidates. Recommenders shall introduce the deputy candidates to the election committee or the presidium of the people's congress. Deputy candidates who accept the recommendation shall provide the election committee or the presidium of the people's congress with his or her true identification, CV and other basic information. If the information provided is untruthful, the election committee or the presidium of the people's congress shall circulate the matter?among the voters or deputies.

The number of deputy candidates recommended jointly or individually by parties and people's organizations or the number of deputy candidates recommended jointly by voters or deputies shall?not exceed the number of deputies to be elected for the?electoral district or electoral unit. 

Article 30?The national and local people's congresses shall adopt a multi-candidate election practice, i.e. the number of deputy candidates shall be greater?than the number of deputies to be elected.

Where electors directly elect deputies for?the people's congress, the number of deputy candidates shall be 1.3 or two times the number of deputies to be elected. Where?the people's congress at or above the county level elects?deputies for?the people's congress at the next higher level, the number of deputy candidates shall be 1.2 or 1.5 times the number of deputies to be elected. 

Article 31?Where?voters directly elect deputies for?a?people's congress, the deputy candidates shall be recommended through nomination by voters, parties, and people's organizations. After consolidation, the election committee shall,?15?days?prior to the Election Day, release the list of deputy candidates?and their profiles and pass the list over to the electors in the electoral district for discussion and negotiation to determine the final deputy candidate list. If the number of nominated deputy candidates exceeds the maximum difference ratio as provided in Article 30 of this Law, the election committee shall present the matter to the groups?of?electors?of various electoral districts for discussion and negotiation. The final deputy candidate list shall be determined based on the opinions of the majority of electors. If consensus fails to be reached on the final deputy candidate list, a primary election shall be held. The final deputy candidate list shall be determined according to the?number of?votes they each?receive. The final deputy candidate list and their profiles shall be released seven days?prior to the Election Day.

When local people's congresses?at or above the county level elects deputies for the people's congress at the next higher level, the time spent on nomination and deliberation of the deputies shall be no less than two days. The presidiums of the said local people's congresses shall distribute printouts of the lawfully proposed deputy list and their profiles to all deputies for deliberation and discussion. If the number of proposed deputy candidates conforms to the difference ratio as provided in Article 30 of this Law, election may be held directly. If the number of nominated deputy candidates exceeds the maximum difference ratio as provided in Article 30 of this Law, a primary election shall be held. The final deputy candidate list shall be determined according to the number of votes they each?receives?during the primary election, in accordance with the election measures of the people's congress at that?level and based on the specific difference ratio as provided?by this Law.?An election shall then be held. 

Article 32?When a local people's congress at or above the county level elect deputies for?the people's congress at the next higher level, the nominees for deputies shall not be limited to the current deputies to the said local?people's congress.

Article 33?The election committee or the presidium of a people's congress shall introduce deputy candidates to electors or deputies. Those parties, people's organizations or deputies that?have recommended deputy candidates may introduce the recommended deputy candidates at elector group or deputy group meetings. Upon the request of electors, the election committee shall arrange deputy candidates to meet with electors, and deputy candidates shall introduce themselves and answer questions from electors. However,?the?introduction of?deputy candidates?must cease on the Election Day. 

Article 34?Citizens participating in the elections for deputies to people's congresses at all levels shall not receive, directly or indirectly, any type of grants involving the election from institutions, organizations or persons abroad.

Whoever violates the preceding paragraph shall not be listed as a candidate; those already listed as a candidate shall be eliminated from the list of candidates; those already elected as a deputy shall be disqualified.

Chapter IX

Election Procedure

Article 35?The election of deputies to the National People's Congress and local people's congresses shall strictly follow statutory procedures and be?subject to supervision. No organization or individual shall, by any means,?interfere with electors or deputies?in?freely exercising their rights?to vote.

Article 36?When electors directly elect deputies for a people's congress,?they?shall collect their ballots by presenting their identification cards or elector certificates?in accordance with the provisions of the election committee.

Article 37?The election committee shall set up voting stations according to voter distribution and based on the principle of allowing voters to vote with ease and proceed with the election. In places where electors are concentrated, election conventions may be held. Those electors who are disabled due to illness or inhabit?in remote areas with limited access to transportation facilities may cast their ballots at mobile voting boxes.

Article 38?Where a local people's congress at or above the county level elects?deputies to the people's congress at the next higher level, the election shall be presided over by the presidium of the said local?people's congress.

Article 39?The election of deputies to?the National People's Congress and local people's congresses shall be carried out using secret ballots?with no exceptions. Facilities?for confidential ballot writing shall be provided during?the election.

If a voter is illiterate or handicapped and is therefore unable to write his or her ballot, he?or she?may entrust another person to write it on his or her behalf. 

Article 40?A voter may vote for or against a deputy candidate and may vote instead for any other voter or abstain. 

Article 41?If an elector is not available during the election, he or she may entrust in writing another elector to vote on his?or her behalf upon approval of the election committee. Each elector may be entrusted to?vote for no more than three people and shall vote according to the intention of the entrusting elector.

Article 42?When balloting has been concluded, scrutineers and vote-counters elected by voters or deputies and members of the election committee or members of the presidium of the people's congress shall check the number of people who voted against the number of votes cast and make a record of it; the record shall be signed by the scrutineers.

Family members of deputy candidates?shall not serve as scrutineers or counters of ballots.

Article 43?An election shall be null and void if the number of votes cast is greater than the number of people who voted;?it shall be valid if the number of votes cast is equal to or less than the number of people who voted.

A ballot shall be null and void if more candidates are voted for than the number of deputies to be elected;?it shall be valid if fewer candidates are voted for than the number of deputies to be elected?or the same number of candidates is voted for.

Article 44?In a direct election of deputies to people's congresses, the election shall be valid if more than half of all voters in an electoral district cast their votes.?

Candidates for deputies shall be elected only if they have obtained more than half of the votes cast by the voters that take part in the election.

When a local people's congress at or above the county level elects?deputies to a people's congress at the next higher level, candidates for deputies shall be elected only if they have obtained more than half of the votes of all deputies.

Where the number of candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the ones who have obtained the most?votes shall be elected. Where the number of votes for some candidates is tied, making it impossible to determine the ones to be elected, another election?shall be held for these candidates to resolve the tie, and the ones who obtain more votes shall be elected.

If the number of elected deputies who have obtained more than half of the votes is less than the number of deputies to be elected, another election shall be held to make up the difference. When another election is held, the list of candidates shall be determined by order of the number of votes they have obtained in the first balloting?and?in accordance with the proportion for competitive elections?as provided in Article 30 of this Law. If only one deputy is to be elected, the number of candidates shall be two.

When another election is held to elect deputies to a?people's congress at the county or township level in accordance with the provisions in the preceding paragraph, the candidates who have obtained more votes than the others shall be elected; however, the number of the votes they have obtained shall not be less than one-third of the votes cast. When another election is held by the local people's congress at or above the county level to elect deputies to a?people's congress at the next higher level, the candidates shall be elected only when they have obtained a majority vote of all the deputies.

Article 45?The election committee or the presidium of the people's congress shall determine, in accordance with this Law, whether or not the result of an election is valid and shall announce it accordingly.

The list of the elected deputies shall be publicly accessible by the election committee or the presidium of the people's congress.

Article 46?The deputies credentials committees shall examine, in accordance with the law, whether the elected deputies are qualified as stipulated in the Constitution and laws, whether an election is in compliance with the statutory procedures, and whether there is any illegal action that undermines an election or that results in the voidance of an election, come up with opinions on whether an election is valid, and report to the standing committee of the people's congress at the corresponding level or the presidium of the people's congress of a township, ethnic township, or town.

The standing committees of people's congresses at or above the county level or the presidiums of people's congresses of townships, ethnic townships, or towns shall determine, in light of the report of the deputies credentials committees, whether the deputies are eligible or their election are void, and publish the name list of deputies prior to the first session of each people's congress.

Article 47?No citizen?may?act simultaneously as a deputy?for the people's congresses?of two administrative divisions without affiliating relationships.

Chapter X?

Supervision, Dismissal, Resignation, and By-Elections of Deputies?

Article 48?All deputies to the national and local people's congresses shall be subject to the supervision of the voters and the electoral units which elect them. Both the voters and electoral units shall have the right to recall the deputies they elect.

Article 49?A?group of fifty?or more voters in an?electoral district may recall a deputy?they elected to the people's congress at the county level, and a group of thirty or more such voters may recall a deputy they elected to the people's congress at the township?level, by?jointly submitting?a demand for the recall in writing to the standing committee of a?people's congress at the county level.

In a demand for the recall of a deputy, the reasons for the recall shall be clearly stated. The deputy proposed to be recalled shall have the right to defend him or herself at a?voters' meeting or may present a written statement in his or her own defense.

The standing committee of the people's congress at the county level shall print and distribute the demand for the recall of a deputy and the written defense of the deputy proposed to be recalled to the voters in the electoral district from which he?or she?was elected.

When the demand for the recall of a deputy is put to vote, the standing committee of the people's congress at the county level shall dispatch a relevant leading member to preside over it. 

Article 50?When a local people's congress at or above the county level is in session, the presidium or a group of at least one-tenth of the deputies may submit a proposal for the recall of a deputy to the people's congress at the next higher level who was elected by the said local people's congress. When the people's congress is not in session, the council of chairmen of the standing committee of the local people's congress at or above the county level or a group of at least one-fifth of the component members of the standing committee may submit a proposal for the recall of a deputy to the people's congress at the next higher level who was elected by the said local people's congress. In the proposal for the recall of a deputy, the reasons for the recall shall be clearly stated.

When a local people's congress at or above the county level is in session, the deputy proposed to be recalled shall have the right to defend him?or herself or to submit a written defense at the meeting of the presidium or at the plenary meeting of the congress; the presidium shall have the written defense printed and distributed to the deputies. After the proposal for the recall of the deputy is deliberated by the deputies at the meeting, it shall be submitted by the presidium to the plenary for voting.

When the standing committee of a local people's congress at or above the county level meets, the deputy proposed to be recalled shall have the right to defend him?or herself or submit a written defense at the council of chairmen or the plenary meeting of the standing committee; the council of chairmen shall print and?distribute?the written defense to the members of the standing committee. After the proposal for the recall of the deputy is deliberated by the members of the standing committee, it shall be submitted by the council of chairmen to the plenary meeting for voting.

Article 51?Secret ballots?shall be adopted for dismissing a deputy.

Article 52?The recall of a deputy to the people's congress at the county or township level shall be adopted by a majority vote of all the voters in the electoral district from which the deputy was elected.?

The dismissal of?a deputy elected by a local people's congress above the county level shall?be passed by more than half of the deputies to the people's congress. When the people's congress is not in session, it shall?be passed by more than half of the members of the standing committee. The dismissing resolution shall?be submitted to the standing committee of the people's congress at?the?next higher?level for the record and be announced.

Article?53?When a deputy serving on the standing committee of a people's congress at or above the county level or on a special committee of a?people's congress at or above the county level?is recalled, he?or she?shall be dismissed accordingly from membership on the standing committee or special committee, and the same shall?be announced by the presidium or the standing committee.

When a deputy serving as chairman or vice-chairman of the people's congress of a township, an?ethnic township or a town is recalled, he or she shall be dismissed accordingly from chairmanship or vice-chairmanship, and the same shall be announced by the presidium.

Article 54?Deputies to?the National People's Congress or?the people's congress of a province, autonomous region, or?municipality directly under the central government, a city divided into districts?or autonomous prefecture may submit a letter of resignation in writing to the standing committee of the people's congress that elected the deputy. If the standing committee is to accept the resignation, it shall?be passed by more than half of the standing committee members. The resolution accepting?the resignation shall?be submitted to the standing committee of the people's congress at the next higher?level for the record and be announced.

A deputy to?a?people's congress at the county level may submit a letter of resignation in writing to the standing committee of the people's congress at the same level; a deputy to?a people's congress at the township level may submit a letter of resignation in writing to the people's congress at the same level. If the standing committee of a?people's congress at the county level is to accept the resignation, it shall?be passed by more than half of the standing committee members. If the people's congress of the township level is to accept the resignation, it shall?be passed by more than half of the deputies to?the people's congress. If the resignation is accepted, it shall be announced. 

Article 55?When the request of a deputy for resignation is granted, his or her membership on the standing committee of the peoples' congress at or above the county level or on the special committee of a people's congress at or above the county level?shall be terminated accordingly, which shall be announced by the standing committee.

When the request of a deputy for resignation is granted, his or her chairmanship or vice-chairmanship of the people's congress of a township, ethnic township, or town shall be terminated accordingly, which shall be announced by the presidium.

Article 56?If a deputy's post becomes vacant for some reason during his?or her?term of office, the electoral district or electoral unit which elected him?or her?shall hold a by-election to fill the vacancy.

If a deputy to a local people's congress at any level is transferred or moves out of his or her administrative region?during his or her term of office, he or she shall?automatically be disqualified as a deputy and a by-election shall be held to fill the vacancy.

When a local people's congress at or above the county level is?not in session, its?standing committee may conduct a by-election to fill the vacancy?left by a deputy?to the people's congress at the next higher level.

When by-elections are conducted to fill the vacant posts of deputies, the number of candidates may be greater than the number of deputies to be elected or may be equal to the number of deputies to be elected. The specific methods for?conducting by-elections shall be stipulated by the standing committees of people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government. 

Deputies elected through by-elections shall be examined for their?qualifications according to Article 46 of this Law.

Chapter XI?

Sanctions Against Disruption of Elections?

Article 57?In order to ensure that voters and deputies freely exercise their right to vote and stand for election, administrative penalties for public security shall, in accordance with the law,?be imposed on a person who commits any?of the following acts?that disrupts?an election and?violates?the provisions on public security administration; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law:

(1) Bribing a voter or deputy with money or other things of value to interfere with the voter or deputy freely?exercising?his or her right to vote and stand for election;

(2) Using violence, threat, deception or other illegal means to interfere with a voter or deputy in freely?exercising?his or her right to vote and stand for election;

(3) Forging electoral documents, falsifying vote tallies or committing other illegal acts; and

(4) Suppressing or retaliating against anyone who accuses or informs against the person committing illegal acts in an election or who demands the recall of a deputy.

Any State functionary who commits any?of the acts prescribed?in the preceding paragraph shall?also?be given administrative sanctions in accordance with?the?law.

Where anyone is elected by committing any of the acts?prescribed?in the preceding paragraph, the election result in his or her favor shall be null and void. 

Article 58?In the event institutions presiding over?an?election discover?disruptions to the election or receive a report on such disruptions, it shall investigate and deal?with the disruptions in accordance with the law in a timely manner. If legal?liability need be investigated, the relevant cases shall be handed over to the relevant authorities.

Chapter XII

Supplementary Provisions

Article 59?The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central government and their standing committees may formulate specific implementation provisions?on elections in according with this Law and submit such provisions to the Standing Committee?of the National People's Congress for the record.